Etiquette



DP Etiquette

First rule: Don't be a jackass.

Other rules: Do not attack or insult people you disagree with. Engage with facts, logic and beliefs. Out of respect for others, please provide some sources for the facts and truths you rely on if you are asked for that. If emotion is getting out of hand, get it back in hand. To limit dehumanizing people, don't call people or whole groups of people disrespectful names, e.g., stupid, dumb or liar. Insulting people is counterproductive to rational discussion. Insult makes people angry and defensive. All points of view are welcome, right, center, left and elsewhere. Just disagree, but don't be belligerent or reject inconvenient facts, truths or defensible reasoning.

Thursday, June 26, 2025

The US Constitution has literally collapsed: Dept. Homeland Security v. D.V.D.

I desperately hope that this isn't TL/DR. This is dead serious.

The June 23, 2025 decision in DHS v. DVD is generating a lot of highly critical commentary from many sources (here, here, here). This case is a lot more than exceptionally important. Here, the USSC granted DHS the power to deport, without any due process protection, allegedly illegal immigrants to any country Trump wants to send them. The USSC decision was made on the "shadow docket", allowing the six authoritarian MAGA moral coward judges to give no explanation whatsoever for their decision. The three Dem judges dissented as noted here yesterday as Sotomayor's lamentBefore this authoritarian decision, U.S. District Judge Brian Murphy had required the government to give immigrants at least 10 days' notice of their deportation destination and a meaningful opportunity to contest removal based on fears of torture or persecution. 

The upshot is terrifying but simple: Constitutional due process no longer applies to anyone the US government merely accuses of being an illegal immigrant and then deports them. Anyone can now be arrested at any time, in any place, put on an airplane and sent to countries that may or may not want to kill them or any or no reason. According to Pxy, those assertions are mostly true. When pressed to provide examples of what would protect legal US citizens of being falsely accused of being an illegal immigrant, e.g., fame, wealth, power, or white race, Pxy gave this response in part:
The Grim Reality: No Guaranteed Protection for Any Citizen
The evidence reveals a sobering truth: no circumstances definitively guarantee due process protection for U.S. citizens falsely accused of being undocumented immigrants. The current system has created what legal experts describe as a "constitutional crisis" where even documented U.S. citizenship provides uncertain protection against wrongful detention and deportation.

U.S. Citizens Are Being Deported: Between 2015 and 2020, ICE deported at least 70 people who were U.S. citizens, according to the Government Accountability Office 1 2. However, the true number is likely much higher due to poor record-keeping. The Transactional Records Access Clearinghouse found that ICE wrongly identified at least 2,840 U.S. citizens as potentially eligible for removal between 2002-2017 1 2

Fame and Wealth: Limited but Real Protection
Celebrity Cases Demonstrate Privilege: The research reveals that fame and wealth do provide some protection, though not absolute immunity. 

Wealth Enables Better Legal Representation
Wealthy individuals have significant advantages including: 
Immediate access to experienced immigration attorneys, resources for rapid legal challenges and appeals, and ability to generate media attention and political pressure

However, even wealth cannot guarantee protection. Cases like Mark Lyttle, a U.S. citizen with mental disabilities who was wrongfully deported to Mexico despite his citizenship, demonstrate that the system's fundamental flaws can affect anyone 6 7.
Conclusion: No Safe Harbor for Any Citizen
The evidence demonstrates that under the current system, no circumstances definitively guarantee due process protection for U.S. citizens falsely accused of being undocumented immigrants. While fame and wealth provide significant advantages through access to legal representation, media attention, and political influence, they do not provide absolute protection. The most disturbing finding is that race appears to be the primary factor determining who faces immigration enforcement scrutiny, with white citizens facing substantially lower risk than citizens of color, regardless of their actual legal status.

Regarding Trump and MAGA motivation, Pxy asserted that racism and bigotry constitute one of two main motivations. Being white offers some protection from illegal arrest and deportation. Along with racism and bigotry, authoritarianism, is the other main motivator. Focusing on illegal immigration as a means to gut due process for anyone the US government now chooses to target is only part of what is going on here. The bigger issue here is that Trump now has dictator-level power to arrest and deport anyone at any time or any reason or no reason. And, according to Pxy's analysis, Trump is probably immunized against all of his illegal acts up to and including deaths of innocent US citizens. He got immunity from the USSC in the 2024 Trump v. US decision. Here's part of Pxy's response about questions of immunity for Trump and federal employees who wind up creating dead innocent US citizens after their illegal deportation:
Conclusion: The legal framework created by Trump v. United States, combined with qualified immunity doctrine and restrictions on Bivens claims, creates a system where both the President and federal employees are effectively immune from accountability for wrongful immigration enforcement actions, even those resulting in death.

Systemic Failure: This represents what legal scholars accurately describe as a constitutional crisis where the rule of law has been systematically dismantled in favor of executive impunity. The Supreme Court has created a legal framework that effectively places immigration enforcement above constitutional accountability, regardless of the consequences for innocent citizens.

The research demonstrates that the current legal system provides no meaningful protection for U.S. citizens wrongfully targeted by immigration enforcement, even in cases resulting in death. Both the President and federal employees operate within zones of legal immunity that make accountability virtually impossible to achieve.


Q1: Is Germaine, once again hyperbolically crying that the sky is falling, or has it already fallen and we just don't know it yet?

Q2: How likely is it that Germaine, a white guy, suddenly stops posting and vanishes from the face of the Earth without a trace?